Don’t Try To Fight A Felony Without An Attorney
A felony assault is a serious allegation that can have extreme consequences. Under Colorado Law, assaults are classified by degree, with First Degree Assault being the most serious, followed by Second Degree Assault, and finally the misdemeanor charge of Third Degree Assault. First Degree Assault is a class three felony crime of violence, carrying a mandatory penalty of 10 to 32 years in prison.
Second Degree Assault is a class four felony and may also be considered a crime of violence depending upon the circumstances in which it was charged. A conviction for Second Degree Assault carries a presumptive sentence from anywhere between 2 to 16 years in prison.
If you find yourself charged with felony assault, it is crucial that you retain an experienced and aggressive criminal defense attorney at the earliest opportunity. There are many defenses to felony assault charges, but the strength of your case, and perhaps even your freedom, depends upon collecting, preserving, and presenting the evidence in your favor as soon as possible. Often witnesses’ memories will fade with time, and physical evidence can be lost or destroyed if not collected quickly.
The criminal defense lawyers at Rector Stuzynski Law Firm have experience handling tough felony assault cases, and have won numerous victories for their clients, ranging from plea deals to misdemeanor offenses and probation, to jury verdicts of not-guilty based on self-defense.
If you are being charged with a felony assault, do not wait to hire an attorney in the hopes that your case will simply be dismissed. The justice system is not set up to dismiss cases or to be sympathetic to defendants accused of violent crimes. An aggressive criminal defense lawyer with experience handling felony assault cases is your best bet to secure a favorable outcome in your case.
What Qualifies As Felony Assault In Colorado?
Understanding exactly what the law considers felony assault is important, because the charge can sometimes catch people off guard. In Colorado, First Degree Assault typically involves intentionally causing serious bodily injury to another person using a deadly weapon, or acting in a way that shows extreme indifference to human life. Second Degree Assault covers a broader range of circumstances, including intentionally causing bodily injury with a deadly weapon, causing injury to a police officer or other protected person, or administering a substance to someone without their consent.
The distinction between degrees matters enormously when it comes to sentencing. Because First Degree Assault is classified as a crime of violence, Colorado’s mandatory sentencing laws apply, meaning a judge has very little discretion to go below the minimum sentence. That’s why having the right legal strategy from day one is so critical.
Common Defenses To Felony Assault Charges
Just because you’ve been charged doesn’t mean you’ll be convicted. There are several viable defenses that an experienced criminal defense attorney can explore depending on the facts of your case. Self-defense is one of the most common, and Colorado law does allow the use of force to protect yourself or others when you reasonably believe it is necessary. The make my day law and related self-defense statutes can also come into play in certain situations.
Other defenses may include lack of intent, mistaken identity, false accusations, or challenging the credibility of witnesses. In some cases, your attorney may be able to negotiate a reduction in charges, particularly if this is a first offense or if there are mitigating circumstances that a jury would find sympathetic. Every case is different, which is why it’s so important to work with a lawyer who will dig into the details and build a defense strategy tailored to your specific situation rather than taking a one-size-fits-all approach.
The Consequences Go Beyond Prison Time
A felony assault conviction doesn’t just mean prison time. The collateral consequences can follow you for the rest of your life. A felony on your record can affect your ability to find employment, secure housing, obtain professional licenses, and in some cases your right to own a firearm. If you are not a United States citizen, a felony conviction can trigger deportation proceedings regardless of how long you have lived here.
These long-term consequences make it even more important to fight the charges as aggressively as possible from the start. Don’t assume that the situation will work itself out or that a public defender with an overwhelming caseload will have the time to give your case the attention it deserves. The stakes are simply too high to leave anything to chance.
If you or someone you know is facing felony assault charges in Colorado Springs, reach out to Rector Stuzynski Law Firm for a free consultation. Our criminal defense team is available 24/7 and will get to work on your case right away. Call us at (719) 578-1106.
